RIM rattles its saber over Samsung’s use of ‘BlackJack’

LOS ANGELES-Research In Motion Ltd. is suing Samsung Electronics Co. Ltd. and the Korean handset vendor’s American subsidiary over the use of the name “BlackJack” for the latter’s new smart phone currently available through Cingular Wireless L.L.C., alleging that it is a trademark infringement of RIM’s BlackBerry property.
Samsung’s BlackJack smart phone launched at Cingular Nov. 16. The phone features a slim design, wireless e-mail support and a QWERTY keyboard-much like RIM’s BlackBerry devices, including the company’s new Pearl device. RIM’s Pearl launched at Cingular Dec. 1, following its debut at T-Mobile USA Inc. in September.
RIM claimed in its suit that the BlackJack name, form factor, logo, product packaging and advertising campaign all are designed to capitalize on the BlackBerry’s reputation-and that the BlackJack mimics the Pearl to an unacceptable degree. The BlackJack’s name, appearance and publicity are intended to confuse consumers into thinking that the Samsung product is associated with or approved by RIM, which it is not. RIM argued that the situation will cause it irreparable injury and monetary damage.
RIM seeks an injunction against further sales of the device as well as monetary damages. The company is also asking the court to order all BlackJack products and packaging recalled and turned over to RIM for destruction. RIM did not offer a spokesperson to address the lawsuit. Samsung’s policy, reiterated this week, is to not comment on legal matters.
According to an investor note on Dec. 7, CIBC World Markets said that the Pearl’s launch at T-Mobile USA led to strong sales for RIM in November, possibly leading to quarterly sales at “the high end of expectations.”
RIM’s Pearl faces direct competition from numerous vendors in the affordable, productivity-and-multimedia smart phone space in the United States market. At Cingular’s Web site, for instance, the BlackJack (at $200 with two-year contract) is getting homepage publicity, while the Pearl is listed second among smart phones. The Pearl is also priced at $200. Nokia Corp.’s E62 is selling for $100, while the Palm Inc. Treo 680 sells at $200, as do numerous BlackBerry models besides the Pearl.